Cops review policy in wake of bra ruling

Sang Eun Lee

A court case prompted by a woman who complained about York Regional Police’s policy that forced her to stand braless in a police cell, has prompted the force to look at its rules once again.

The review, intended to avoid a myriad of issues, comes after Superior Court Justice Michelle Fuerst ruled Wednesday that Sang Eun Lee, who at the time lived in Richmond Hill, had her rights to a reasonable search violated when a female officer told her to remove her bra while in a private room at a police station Jan. 30, 2010.

The case hinged on if it was reasonable for the police to require the removal based on safety concerns about the garment’s underwire.

Superintendent Karen Noakes said the force intends to look at the policy again, but stressed the rules are in place for specific safety reasons.

Officers have witnessed people in their cells repeatedly slice their skin with wires from bras and even saw one man create a functioning noose out of toilet paper.

Commenting on these incidents, Supt. Noakes said officers in the cells remove everything that could be used by a person to hurt themselves or escape their cell, including belts, shoelaces, bras and certain articles of clothing.

“People in desperate circumstances can be very creative,” she said. “It’s hard to project, so that’s the reasoning behind whether something is taken.”

Officers can come into contact with a number of different situations in cells ranging from people who are suicidal, high on drugs or simply extremely desperate, she said.

“We have them for that glimpse in time, we may not have dealt with them before. We are trying to make good decisions for that person and for the safety of our officers.”

The force must now turn its mind to possible rule changes, she said, adding, “It could be about additional articulation or even a checklist, speaking to their state of mind."

Ms Lee, 40, was originally handed a mandatory one-year licence suspension and fined $1,000. However, that ruling has now been quashed and she will get her licence back.

The decision overturned the original ruling that said the female officer was acting in step with a 20-year policy that was created due to safety concerns.